PRESS RELEASE

Swiss Chairperson-in-Office discusses next steps with Foreign Ministers
of Ukraine and the Russian Federation

Bern, July 14, 2014 - In telephone conversations with the
Ukrainian and the Russian Foreign Ministers today, the OSCE
Chairperson-in-Office and Swiss Foreign Minister; Didier Burkhalter, reiterated
the OSCE’s support in various ongoing de-escalation efforts.

Burkhalter, in two phone calls with the Ukrainian Foreign
Minister, Pavlo Klimkin, and the Russian Foreign Minister, Sergey Lavrov,
stressed the importance and urgency of talks of the trilateral contact group
with leaders of illegally armed groups in the eastern region of Ukraine in
order to prepare the ground for discussions regarding a ceasefire. Burkhalter
emphasized that no further time should be lost as the OSCE had been working
towards setting up a videoconference in this framework for days and was expecting
the support and goodwill by all sides involved in this regard.

The OSCE is ready to monitor a ceasefire as soon as a
political agreement is reached, Burkhalter said. He assured his interlocutors
that the OSCE could also play a role in the facilitation of the release of
hostages and detainees. Both interlocutors welcomed this proposal and suggested
that the CiO and the Special Monitoring Mission should look further into this
issue.

In both conversations, Burkhalter discussed the proposal of
the Russian Federation to pass a decision regarding the OSCE monitoring at two
Russian border points. Given the political will of both sides to see the OSCE
take up such an additional role, Burkhalter mentioned that he would ask all
participating States to contribute constructively and pragmatically to an early
consensus on the respective mandate. He added that a needs assessment mission
by the OSCE should be deployed as soon as possible in this regard.

Burkhalter pointed out that the OSCE was also accelerating
plans to potentially use, within the SMM mandate, drones for monitoring,
including in the border area. He welcomed that both ministers signaled their
support for such a measure.

Following the formal request by the Ukrainian government, the
OSCE Chairmanship is now also consulting on extending the mandate of the SMM
for another six months beyond the expiration of its current mandate on
September 20 2014, Burkhalter said. He expected a decision later this month.
Finally, Burkhalter suggested that an inclusive dialogue with peaceful
citizens, mentioned as a key pillar in the Peace Plan of President Poroshenko,
should be relaunched as soon as possible.

PRESS RELEASE

Latest from the Special Monitoring Mission (SMM) in Ukraine based on
information received until 13 July 2014, 18:00 (Kyiv time)

The situation in the central-southern
part of the Luhansk region and the central part of the Donetsk region remained
volatile. There were reports of heavy fighting in and around Luhansk city.
Other parts of the country remained calm.

The situation in the central-southern part of
the Luhansk region and the central part of the Donetsk region remained
volatile.

There was a reported movement of a
significant amount of military hardware across the Russian-Ukrainian border. A senior military Ukrainian officer speaking to the
SMM on 13 July, stated that a column of tanks and other military hardware had
entered Ukraine from the Russian Federation at Zelenopolie border crossing
point on that day. The officer claimed that the artillery pieces (MT12
‘Rapira’) and trucks (KAMAS, URAL), captured in a video image, were not issued
to the Ukrainian army. The column, according to the military officer, was later
seen in Luhansk city and was on the move, in the direction of Donetsk
city. The SMM is currently not in a position to verify this
information, but will follow up.

On 12 July, the SMM went to Kramatorsk. A
sense of normality prevailed in the city. The SMM learnt that pensions and
salaries have been paid. With the exception of the very centre, where houses
had been highly damaged by shelling, the SMM saw little sign of fighting or
shelling.

Electricity and gas were provided. However,
water supply had not been restored. Water was provided by water trucks, free of
charge, by the city administration in big containers located at public places.

Some trolleybuses were working. However, the
railway station was still closed and secured by a shared patrol of police
officers and Ukrainian Army soldiers.

The roads were cleaned and former checkpoints
were being cleaned by inhabitants. Local inhabitants also cleaned the building
of school n°34 which was heavily hit.

The hospital was open and appeared to work
without difficulties. Water was brought by a truck to the hospital.

On 12 July, the SMM observed a bridge in Starobilsk,
which had sustained damage from what seemed like shrapnel fragments. The
bridge was impassable.

The situation in Donetsk
city remained tense. According to media, in the south-west suburbs
(Marinka) there was fighting, involving heavy artillery. At 4.00 AM in the
Petrovsky district of Donetsk, air raid sirens were wailing and bomb shelters
were open. There was limited public transport.

The SMM observed that there were not many
people and vehicles on the streets. There were armed individuals and groups in
camouflage on the streets. No police was observed.

The SMM paid a visit to the city police
department of Donetsk. The senior duty inspector explained that the police in
the town continued to operate with limited staff.

The SMM observed a minivan with four
irregular armed personnel approaching the city police building and parking the
car about 70 metres from the entrance to the building.

In Kharkiv, the situation
remained calm. On 13 July the SMM monitored rallies by supporters and opponents
of Ukraine’s unity in Kharkiv’s city centre. The SMM saw approximately 200
supporters of Ukraine’s unity, predominantly young activists, whereas the 150
opponents of Ukraine’s unity were mostly elderly people. Approximately 100
police officers were present.

The situation in Dnipropetrovsk,
Kherson, Odessa,Chernivtsi, Ivano-Frankivsk and
Lviv was calm.

In Dnipropetrovsk, the SMM
met with the head and the deputy head of the ‘Svoboda’ party branch of
Pavlohrad, which claimed to have 200 members. The interlocutors explained that
‘Svoboda’ had created its own battalion, named ‘Sich’, which operates under the
Ministry of Internal Affairs, and was likely to be deployed to the east in a
few weeks. The interlocutor said some members were already undergoing training
in Kyiv.

In Odessa, the SMM followed
up reports of explosions at two Privat Bank branches on the night of 12 and 13
July. At the first location, the Privat Bank office showed clear signs of an
explosion that had caused external damage to a wall, which was left without
windows or doors. At the second location, the Privat Bank office was severely
damaged. All glass in the windows and at the entrance way was broken. It seemed
that the damage was not caused by an explosion, but most likely by a fire.

The situation in Kyiv
remained calm.

Statement Nina Karpachova to the human rights situation in Ukraine

Nina Karpachova: “I ​​believe
that the Ukrainian people have enough wisdom and fortitude to stop the
fratricidal confrontation and preserve the integrity of Ukraine”

APPEAL

OF THE FIRST UKRAINIAN PARLIAMENT COMMISSIONER

FOR HUMAN RIGHTS

It is with deep sorrow and pain in my heart that I have been following the
situation in the East of the country and in the city of Odessa. As a woman and
mother, I sincerely sympathize and share the great tragedy that befell the
families and friends of those who were killed and injured in recent times in
Kharkov, Donetsk, Slavyansk, Kramatorsk, Odessa and other Ukrainian cities as a
result of the civil confrontation, as well as the anti-terrorist operation.

It seemed that the massacre of hundreds of civilians at the Independence
Square in February this year, caused by the anti-terrorist operation of the
regime of Yanukovych, would become a
tragic lesson for the society and authorities and show that the life and human
dignity must be respected in the first place. Today, however, the political
discord and geopolitical interests again brought the country to the extreme
features: there are dozens killed people in the peacetime, alternative views of
our countrymen cause a reaction of hatred and aggression.

Today news lines in the media mostly resemble reports from the war. The
country is being pushed to a full-scale civil war. Only stopped violent
confrontation and shifting of the conflict from the military dimension to the
public dialogue can prevent it.

I call on the authorities, politicians, business elite and
public activists of goodwill in the West and East of the country to immediately
start building a common ground between themselves, and help to find a
compromise in the society.

Terrible tragedy that occurred in Odessa on the
second of May must stop all parties of the confrontation and lead them to
discontinuation of the use of violent methods for achieving their goals at the
cost of human life. After all, we know from history that any confrontation
always ends with reconciliation, but the loss of human life is irreparable and
leaves deep scars in the hearts and minds of the people! Therefore, the
government, politicians and society must stop the fratricidal confrontation now
and start looking for the ways for such reconciliation.

Only recognition of the opposite side as the subject of the negotiation
process, and not as an enemy, can be the first step towards reconciliation. The
unconditional guarantee of human rights, human dignity and personal integrity to
all citizens of Ukraine must form the basis for reconciliation and solution of
the current crisis. All the hostages and arbitrarily detained persons must be
unconditionally released! Every crime that led to the loss of life must be
investigated, with the arguments of all parties to the conflict thoroughly
studied.

I fully support the suggestions of the German Federal Minister for Foreign
Affairs Mr. Frank-Walter Steinmeier and call on the Ukrainian authorities to
make the maximum use of the negotiation instruments of the OSCE as the platform
for searching compromise and building a dialogue of trust between the
authorities and the whole society.In my
capacity as a Board Member of the European Ombudsman Institute I stand ready to
facilitate this process of the peaceful resolution of the civil conflict.

I urge the authorities to undertake comprehensive steps for the full
implementation of the Geneva Agreements of 17 April 2014, in particular with
regard to the disarmament of all illegal armed groups.

I ​​believe that the Ukrainian people have enough wisdom and fortitude to
stop the fratricidal confrontation and preserve the integrity of Ukraine

The European Ombudsman Institute is a
human rights network which comprises of national and regional ombudsman
institutions of Europe, scientific institutions and representatives of lawyer’s
networks from across wider Europe.

Concerning
the human rights situation in Syria - KESSAB, the EOI were informed by the
Ombudsman of Armenia, Mr. Karen Andreasyan, in his function as national
Ombudsman of the Republic of Armenia and about the results of his special human
rights monitoring and mediation mission for the Armenian people and minority
there.

The
efforts should be continued for the protection of human rights in this region
and promotion of peaceful resolution for the crisis in this country under very
challenging and dramatic circumstances as well as a constructive cooperation
with the civil society and international organisations, on the basis of the
international law.

As
a member of the EOI, the Armenian Ombudsman is
playing an important role for the protection and promotion of human rights for
the Armenians in Kessab through his human rights monitoring and mediation
mission, and calls on all concerned parties to provide
him with all necessary cooperation and assistance.

EOI
strongly recommends and urges all concerned parties in Syria to install a
peaceful and direct dialogue on solving the current crisis in the spirit of the
principles of the international human rights law.

The European Ombudsman Institute is a human rights
network with consulting status with the Council of Europe which comprises
national and regional ombudsman institutions of Europe, scientific institutions
and representatives of lawyer’s networks from across wider Europe.

During the European Ombudsman Institute Board meeting
in Vilnius, decisions for different Human Rights projects in Europe,
as well as the project with the University of Florence were made.

Concerning the human rights situation in Ukraine,
the EOI board members were informed by the First Ombudsman of Ukraine
Nina Karpachova, in her function as Executive board member,
about the results of her special human rights monitoring and mediation
mission in Ukraine.

On the occasion of its General
Board Meeting and Executive Board Meeting at the Lithuanian Parliament
in Vilnius, the European Ombudsman Institute (EOI) made the following
Statement on the Human Rights situation in Ukraine.

Under the EOI Board mandate, the First Ombudsman
of Ukraine Nina Karpachova has been playing an important role for the
protection and promotion of human rights in the territory of Ukraine
through her human rights monitoring and mediation mission.

We welcome her continued efforts for the protection
of human rights throughout Ukraine and promotion of peaceful resolution
for the crisis in her country under very challenging and dramatic circumstances
as well as her constructive cooperation with the civil society and international
organisations.

EOI shall continue the human rights and mediation
mission of the EOI Executive Board member Nina Karpachova in Ukraine
and calls on all concerned parties to provide First Ombudsman of Ukraine
with all necessary cooperation and assistance.

EOI takes note of the UN General Assembly Resolution
adopted by the majority of the UN Member States on 27 March 2014 on
the territorial integrity of Ukraine and supports the statements of
the OSCE and Council of Europe with regard to the full respect for and
preservation of the independence, sovereignty and territorial integrity
of Ukraine.

EOI strongly recommends and urges all concerned parties
to install a peaceful and direct dialogue on solving the current crisis
in Ukraine in the spirit of the principles of the international human
rights law.

to Mrs. Ella Panfilova the new Human Rights Commissioner of the Russian Federation

DearMrs. Panfilova

I know you as a very decent person with strong
dedication to the humanism in the sphere of human rights and freedoms and would
like to address to you as the newly elected Ombudsperson of the Russian
Federation and ex-officio institutional member of the European Ombudsman
Institute.

Under the assignment from the EOI Secretary General as
the First Ombudsman of Ukraine and EOI Executive Board Member I have been
monitoring human rights situation in the Autonomous Republic of Crimea and
Sevastopol city and will present the report on its outcomes at the EOI Board
meeting in Vilnius on 27 March 2014.

I would like to address to you with regard to the fact
that there was forcibly arrested the commander of the Ukrainian military unit А4515 of the 204 Brigade of the Sevastopol tactical
air-force Colonel Yulii Mamchur on 22 March 2014. First he was said that he
would be taken for negotiations with the leadership of the Black Sea fleet of
the Russian Federation. According to my information, yesterday at 21:30 he had a
personal meeting with the commander of the Russian Black Sea fleet Rear Admiral
Aleksandr Vitko. After that he was forcibly arrested and illegally put to the
military custody of the Russian Black Sea fleet in Sevastopol city, Bakinskaya
street.

His spouse Mrs. Larisa Mamchur was deprived of the
opportunity not only to see him, but also to receive any information about his
destiny.

I would like to note that the illegal and forcible arrest
of the Colonel Yulii Mamchur as well as his forced detention in the military custody
of the Russian Black Sea fleet contradicts to the European and International standards
in the sphere of human rights and freedoms, in particular: the European Convention
for the Protection of the Fundamental Human Rights and Freedoms of 1950; the European Convention for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment of 1987; the United Nations Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984; Standard Minimum Rules for Treatment of
Prisoners of 1955; Basic Principles for the Treatment of Prisoners (Resolution
45/111 UN General Assembly of 14 December 1990).

I appeal to you, dear
Ella Aleksandrovna, and would be grateful if you could address to the
Minister of Defense of the Russian Federation Mr. Sergey Shoigu to protect the
rights and freedoms of the Ukrainian national Colonel Yulii Mamchur and assist
in his immediate release.

I am looking forward to your understanding and prompt
reaction with regard to the destiny of the Colonel Yulii Mamchur.

Nina Karpachova: "I initiate an international roundtable on the Crimea
under the auspices of the OSCE with the participation of Russia"
Statement of the First Ukrainian Parliament Commissioner for Human Rights, EOI
Executive Board Member

The situation in Ukraine, unfortunately, has entered into a new phase of a
dangerous confrontation. In these circumstances, the actions of the new
government will be a crucial test for its strength, wisdom and legitimacy
before all the Ukrainian people.

The decision of the new Parliament majority on the language issue has become a pretext for the
use of the social and political crisis in our country for geopolitical
interests. This decision caused the aggravated confrontation in the Autonomous
Republic of Crimea. There appeared a high risk of the artificially provoked
ethnic and inter-religious conflict among the inhabitants of the Crimea. Our
country has again dangerously approached the risk of the civil war. Beyond this
line is the loss of the sovereignty and integrity of Ukraine, and it is our
duty to prevent it.

The peaceful and multiethnic population of the Crimea, which, on the one
hand, together with the rest of Ukraine, suffered from the corrupt and criminal
rule of the previous government, numerous gross violations of human rights and
freedoms, the inability to exercise their right to free access to natural
resources, and on the other – does not perceive policy of the nationalist
pressure and rewriting history, will become hostage of such a tragic course of
events in the first place.

I am sure that the separatist tensions do not meet the interests and
beliefs of the overwhelming majority of the Crimeans. It is likely that the
raising of Russian flags has not so much to do with the separatism, but is a
sign that some groups of the society are concerned about their safety. At the
same time, the slogans about federalization show the need for effective local
self-government. Taking this into account, we should address the factors
pushing the situation towards military escalation with balanced policy of
peaceful resolution of the crisis and unconditional guarantee of the Budapest
Memorandum of 1994.

It is the direct duty of the Parliament of Ukraine, the new government, as
well as the authorities of the Autonomous Republic of Crimea to stop the
growing threat to the peace and tranquility of the Crimea. It is very important
to use all means of peaceful negotiations, mindful political steps and diplomatic
influence to find tolerant solution to the situation. The representatives
of the Crimean Tatar should be included to the Crimean Government to avoid
mistakes of 1994! It is also important to ensure that all representatives of
the Crimean multiethnic community be able to make their voice heard in the
referendum on the status of the Crimea.

I welcome the important step to suspend the decision of the Parliament to
cancel the Law on State Language Policy. We should remember that our strength
is in our unity and diversity!

As a board member of the European Ombudsman Institute and its
representative for the Eastern Europe, I believe it is necessary to involve the
effective instruments of the OSCE , in particular the High Commissioner on
National Minorities, in the process of addressing the situation in the Crimea.
I initiate an international roundtable on the Crimea under the auspices of the
OSCE with the participation of the Russian Federation.

We all need to save the priceless treasure of our Crimean lands – social
peace, respect for the dignity of every individual, human rights and freedoms!

Today, February 18, 2014, is a tragic Tuesday in Ukraine. Dispersing
efforts against the peaceful Euromaidan under the pretext of the
counter-terrorism operation is a full-scale provocation of civil war in
Ukraine.

The responsibility for this rests fully on the authorities.

For the last hour and a half I am trying to reach the President of
Ukraine Viktor Yanukovich on the phone. The operator of the Presidential
Administration promised to put me through when the phone will be free.

Taking the opportunity of live broadcast at the Radio Liberty, I call on
the President as the Guarantor of human rights and the Supreme Commander: to
urgently give command to stop the armed assault on the peaceful protest at the
Maidan, discontinue the use of water cannons, stun grenades, laser glare and
throwing “Molotov cocktails”(petrol bomb) against protesters.

Escalating of the civil conflict into the civil war will result in
numerous victims among the civilian population of Ukraine, but the authorities
must understand that making war with the people will be fatal for themselves.

I urge the law enforcement authorities to stop, end the fratricidal
action, because it is the beginning of the war with your own people, which is
destined to absolute defeat.

I appeal to the Parliament of Ukraine!

The parliamentary majority bares special responsibility for their failure
to act that led to the escalation of the situation, numerous injuries and
killing of people. Parliament should urgently have their say. Now – at night,
not on Thursday!

The Ukrainian oligarchs also share the responsibility, because they are
actually the backbone of the authorities. If they do not make any real impact
on the authorities to stop the violence, then they will become not only a
victim of the surging war against their own people, but also will share the
responsibility with the authorities. I am convinced that they urgently need to
come to the Parliament to influence the deputies whom they control.

Only by ending the violent confrontation and the full reboot of all the
authorities, through the early elections under the new law without restrictions
on entry barriers and discriminatory property qualification, it is still
possible to stop the catastrophe in Ukraine.

There are sons of Ukraine on both sides!

Take your hands off the Maidan! Take your hands off the wounded in the
hospitals, who are being threatened with new arrests!

All together we have to protect the most important human right – the
right to life. We have to defend the right to freedom, justice and human
dignity!

P.S.The First Ombudsman of
Ukraine Nina Karpachova urged the Ukrainian top businessmen, also speaking
personally with Rinat Akhmetov (the Ukrainian oligarch), to influence the
authorities to stop the violence.

"I have spoken
with Rinat Akhmetov on the phone and he adequately reacted to the concerns that
I tried to convey to him. He said that as we could see not everyone wanted
peace and he had done his best, but his peacekeeping efforts unfortunately
failed as of today. Nonetheless, Akhmetov assured me that he would continue to
struggle for peace. And for this, as he said, the authorities and opposition
have to act in a balanced way to stop the violence" - said Karpachova. (http://gordonua.com/news/maidan/Karpacheva-Zachistka-Maydana-prolog-provokacii-k-grazhdanskoy-voyne-10316.html)

The First Ombudsman of Ukraine Nina Karpachova
urged the Ukrainian top businessmen, also speaking personally with Rinat
Akhmetov (the Ukrainian oligarch), to influence the authorities to stop the
violence.

"I have spoken with Rinat Akhmetov
on the phone and he adequately reacted to the concerns that I tried to convey
to him. He said that as we could see not everyone wanted peace and he had done
his best, but his peacekeeping efforts unfortunately failed as of today.
Nonetheless, Akhmetov assured me that he would continue to struggle for peace.
And for this, as he said, the authorities and opposition have to act in a
balanced way to stop the violence" - said Karpachova.

http://assembly.coe.intResolution 1959 (2013)1Provisional versionStrengthening the institution of ombudsman in EuropeParliamentary Assembly1.The Parliamentary Assembly, referring to its Recommendations 757 (1975) and 1615 (2003), reaffirmsthat ombudsman institutions, which are tasked with protecting citizens’ against maladministration, play a crucialrole in consolidating democracy, the rule of law and human rights.2.The Assembly notes that there is no standardised model of ombudsman in Europe and across the world.Some countries have set up a single-member generalist ombudsman, while others have chosen a multi-institutional system, including regional and/or local ombudsmen and/or ombudsmen specialised in areas suchas combating discrimination, minorities’ protection or children’s rights. Taking into account the variety of legalsystems and traditions, it would not be appropriate to advocate a one-size-fits-all ombudsman model.3.The Assembly nevertheless recalls the Council of Europe’s previous work on promoting ombudsmaninstitutions, including its own recommendations and the Committee of Ministers RecommendationsNos. R (80) 2, R (85) 2 and R (97) 14, and calls on its member States to implement them. It also invites themto pay particular attention to the document of the European Commission for Democracy through Law (VeniceCommission) “Compilation on the Ombudsman institution” of 1 December 2011.4.The Assembly calls on the member States of the Council of Europe which have set up ombudsmaninstitutions to:4.1. ensure that such institutions fulfil the criteria stemming from its Recommendation 1615 (2003),the Committee of Ministers’ relevant recommendations and the Venice Commission’s work on theombudsman, in particular as regards:4.1.1. the independence and impartiality of these institutions, whose existence shall beenshrined in law and, if possible, in the constitution;4.1.2. the appointment procedure: the ombudsman shall be appointed by parliament andreport to it;4.1.3. their remit, which should cover reviewing cases of maladministration by all bodies of theexecutive branch as well as the protection of human rights and fundamental freedoms;4.1.4. their access to documents and investigative powers as well as unrestricted access to alldetention facilities;4.1.5. their access to the Constitutional Court in order to challenge the constitutionality offlawed legislation;4.1.6. direct access to the ombudsman for all persons, including legal persons, concerned bymaladministration cases, irrespective of their nationality;4.2. review, if need be, their legislation, in light of international and European standards onombudsman institutions;1. Assembly debate on 4 October 2013 (36th Sitting) (see Doc. 13236, report of the Committee on Legal Affairs andHuman Rights, rapporteur: Mr Xuclà). Text adopted by the Assembly on 4 October 2013 (36th Sitting).F - 67075 Strasbourg Cedex|assembly@coe.int|Tel: +33 3 88 41 2000|Fax: +33 3 88 41 2733Resolution 1959 (2013)4.3. refrain from multiplying ombudsman-type institutions, if it is not strictly necessary for theprotection of human rights and fundamental freedoms; a proliferation of such bodies could confuseindividuals’ understanding of means of redress available to them;4.4. strengthen the ombudsman institutions’ visibility, especially in the media, and promote an“ombudsman-friendly” climate, in particular by guaranteeing easy and unhindered access to theombudsman institution(s) and providing appropriate information/documentation in this respect,especially where the ombudsman institution does not yet have a long-standing tradition; provideombudsman institutions with sufficient financial and human resources, enabling them to effectively carryout their tasks, and, if need be, taking into account the new functions assigned to them on the basis ofinternational and/or European law;4.5. consider seeking ombudspersons’ accreditation at the International Coordinating Committee ofNational Institutions for the Promotion and Protection of Human Rights (ICC) in light of the “ParisPrinciples”.5.The Assembly calls on member States which have established several ombudsman institutions, such aslocal, regional and/or specialised ones, to ensure appropriate co-ordination of these bodies and individuals’easy and unimpeded access to them.6.The Assembly calls on member States to use all endeavours to avoid budget cuts resulting in a loss ofindependence of ombudsman institutions or even their extinction. In those places with particular legislativesystems, i.e. with parliaments legislating on rights and freedoms, whether at the national or at the regional level,there is a function to be carried out by bodies supervising the administration, as Ombudsmen do by definition,in order to supervise the executive power in regard to applying the law.7.The Assembly encourages member States which have not yet set up a national generalist ombudsmanto promptly establish such a body with a broad mandate, allowing individuals to complain aboutmaladministration cases and violations of their human rights and fundamental freedoms, whilst ensuring a cleardivision of competences between ombudsman institutions and judicial review of administrative acts, whichmust be available at least in case of violations of human rights and fundamental freedoms.8.The Assembly recognises the crucial role played by the European Ombudsman of the European Unionand the Council of Europe Commissioner for Human Rights in co-ordinating the activities of member States’ombudsmen.2

European Ombudsman

Press release no.
1/2014

28 January 2014

The European Ombudsman,Emily O'Reilly, has
welcomed the announcement of European Parliament President Martin Schulz that
future trade negotiations, and in particular the on-going negotiations with the
US on theTransatlantic Trade
and Investment Partnership(TTIP)
will be more transparent and open for stakeholder involvement. This comes after
the Ombudsman's recommendation to make such negotiations more transparent and
the recognition of the EU institutions themselves of past failures in such
trade talks.

Emily O'Reilly stated: "I am glad
that the EU institutions did not sign overly restrictive confidentiality
agreements in the TTIP negotiations as had been the case in the context of the
negotiations on theAnti-Counterfeiting
Trade Agreement (ACTA). Apart from the legitimate need for certain
documents to remain confidential in such important negotiations, the public
needs to know about the state of play in trade agreements that will ultimately
affect their daily lives."

Lessons learned from the ACTA
negotiations

In December 2011, 28 digital civil rights
associations from 18 European countries known as European Digital Rights (EDRi)
complained to the Ombudsman about the European Parliament's (EP) refusal to
disclose several documents concerning the ACTA negotiations. The EP explained
that it was bound by a confidentiality agreement, negotiated by the Commission.

The Ombudsman accepted this explanation,
but advised Parliament to ensure that the Commission and the Council do not
sign confidentiality agreements in the future that could undermine Parliament's
ability to deliberate openly on such issues.

In his letter to the Ombudsman, President
Schulz explained that in the context of the TTIP negotiations, no
confidentiality agreement has been signed with the US. The negotiators instead
committed to implementing the EU's access to documents rules. Schulz wrote that
the Commission took the unprecedented step of publishing important documents at
the start of the TTIP process and invited stakeholders to submit their views.
He promised to keep reminding the Commission that a pro-active approach is
needed to keep the public informed about the state of play in all such
negotiations.

The
European Ombudsman investigates complaints about maladministration in the EU
institutions and bodies. Any EU citizen, resident, or an enterprise or
association in a Member State, can lodge a complaint with the Ombudsman. The
Ombudsman offers a fast, flexible, and free means of solving problems with the
EU administration. For more information:http://www.ombudsman.europa.eu

Appeal of the First
Ombudsman of Ukraine to the Parliament of Ukraine on overcoming the
socio-political crisis in Ukraine

Wednesday, 29 january 2014, 10:09

Like most of my compatriots with pain and dismay I share the
concerns about the tragic escalation of the confrontation between protesters
and the police forces, which led to a large number of victims, including among
the journalists, and the loss of life on both sides. There is a growing real
threat for transformation of the socio-political conflict in large-scale riots
and the division of the society, which ultimately can result in loss of
integrity of the state.

At the same time, negotiations between authorities and opposition, cancelled
repressive laws from 16 January 2014, which limited the existing volume of
human rights and freedoms in violation of the Article 22 of the Constitution of
Ukraine, give us a chance to avoid tragic scenario of development of the situation.

Welcoming the steps made by the Parliament of Ukraine, I see the need to
call on the members of the Parliament:

To unconditionally release
all the participants of protests from 30 November 2013 to 30 January 2014.

To establish a special
parliamentary investigatory commission to urgently investigate all
violations of human rights during the mass events, especially the right to
life.

To ratify the International
Convention for the Protection of All Persons from Enforced Disappearance
(2006) without undue delay. To investigate every fact of disappearance of
the protestors in Kyiv as well as other cities of Ukraine.

To return to the
Constitution of Ukraine in version of 2004, according to which it was
possible to balance separation of power between its branches and
transparently form the highest state executive authority – the Cabinet of
Ministers of Ukraine.

To adopt a new version of
the Law of Ukraine on the All-Ukrainian referendum to guarantee the
possibility for Ukrainian people to express their views on crucial issues
with the aim to prevent new disturbances ruining the country in the
future.

I would also like to appeal to political forces, all participants of the
mass events to refrain from unlawful acts and the use of force. I urge all
parties of the conflict to continue the dialogue to find a peaceful resolution
of all issues of concern with respect to the principle of the rule of law,
Constitution and laws of Ukraine and the international obligations of Ukraine
in the field of human rights and freedoms.

European Ombudsman-Institute (EOI) - Secretary General - Dr. Josef Siegele to the Situation and human rights commitments of Ukraine

It is very disappointing and
alarming to hear about these regrettable developments in Ukraine undermining
the values of democracy, the rule of law and human rights standards. A big
concern now has been raised with regard to how the situation of political
crisis in Ukraine is going to develop in light of this new legislation of a
repressive nature towards fundamental civil liberties of Ukrainian people.
Support is needed for the civil society and democratic forces in Ukraine, also
represented by our Board member Prof. Nina Karpachova, First Ombudsman of
Ukraine. As the Secretary General of the EOI I strongly condemn any possible
violations of human rights and freedoms and call for respect of the rule of law
in Ukraine. I also support the opinion of Prof. Karpachova that such legislation requires to be
urgently revised and brought in line with the human rights commitments of
Ukraine as the Council of Europe Member State.

Six-weekslongwaitingofthewholeUkrainiansocietyandinternationalcommunityforthoseresponsibleinbrutaluseofforceagainstpeacefuldemonstratorson 30thNovember 2013 tobebroughttopersonalresponsibilityaccordingtotheconstitutionalprincipleof irreversibility of the punishment werevain. Unfortunately, the authorities took the route
towards legitimization of the repressive actions of the law-enforcement and
judicial systems by adopting the Laws of UkraineNo.3879 and No.3587 of 16 January 2014 with the votes
of the parliament “majority”.

The mentioned
Laws violate a number of the fundamental civil rights and freedoms, guaranteed
by the Constitution of Ukraine and the European Convention on Human Rights, in particular:
freedom of peaceful assembly, right to the information, freedom of movement,
right to the fair trial, freedom of association, as well as the principle of
the rule of law.

Themostdangerousisthattheseprovisionswillnotfacilitatesolvingoftheundergoingsocialconflictsinalegalway, butonthecontrary – willdeepenthesocialconfrontationand, incasetheyenterintoforce,theremaybesharpworseningoftheunprecedentedsocio-politicalcrisis, which
can end up with the loss of the independence of Ukraine.

Itshouldalsobementionedthatsomelegalinnovationsaresimplyimmoralandhavecorruptioncomponent. Thus, new
provisions of the Law of Ukraine “On the Judicial System and Status of Judges”,
in particular Article 134, which provides for a judge, his/her close relatives
and family members up to the six row from grandfather to grandson and even a
domestic partner to be entitled not only to the personal security, but also
security of their property. And judges
have an additional right to having their houses equipped with security and fire
alarms at the cost of the State Budget, which is at the cost of the Ukrainian
citizens – taxpayers! Obviously, it will not contribute to raising public trust
in the courts and does not add any guaranties for the fair and unbiased trial
for the citizens.

It is absolutely clear
that the Laws adopted by the Parliament of Ukraine on 16 January 2014, affecting
rights and freedoms of the millions of citizens, should be a subject of wide
public discussion and can be put into effect only after taking into account
proposals of the civil society and expert assessment by the Venice Commission
of the Council of Europe.

Ukraine: Commissioner Muižnieks to assess legislative changes

"Yesterday,
several legislative amendments were adopted by the Ukrainian Parliament. The
process took place with unusual haste; the amendments were tabled on 14 January
and rushed through Parliament two days later. These amendments, which have
reportedly already been signed into law by the President, raise serious
concerns in terms of the country's obligations to respect human rights",
said today Nils Muižnieks, Council of Europe Commissioner for Human Rights.

"I have
particular concerns about the following provisions, which would most certainly
impinge on several fundamental human rights, including freedom of expression,
association and assembly:

Changes
to the NGO legislation affecting the activities of civil society
organisations and human rights defenders in Ukraine. As I have already
emphasised in my work in other Council of Europe member states, labelling
NGOs as "foreign agents" based on their involvement in vaguely
defined "political activities" interferes with the rights to
freedom of association and freedom of expression. NGOs should be able to
pursue their public watchdog function in an environment conducive to their
work.

Provisions
which could exempt from criminal liability police officers who committed
human rights violations during the recent demonstrations. It is a
fundamental obligation of the government to ensure the accountability of
those implicated in serious human rights violations. Impunity for these
violations can only encourage repetition of such crimes and deny justice
for the victims.

Re-introduction
of defamation into the Criminal Code. For several years, defamation only
carried civil liability. Coupled with the new restrictions on the
Internet, re-criminalisation of defamation will have a further chilling
effect on the already alarming situation with freedom of the media in
Ukraine.

I am deeply
concerned by the substance of these new legislative amendments, many of which
run counter to Ukraine's obligations under the European Convention on Human
Rights and other international human rights standards.

In the
coming days, I intend to undertake a more detailed analysis of the legislation
in light of Council of Europe standards, which will then be shared with all the
relevant actors and the public in general."

Strasbourg,
17.01.2014 - Secretary General Jagland on
Friday expressed his concern over the passing of several laws affecting
fundamental rights in Ukraine.

“The way in which such wide-ranging legislation affecting fundamental rights
and the judiciary were rushed through Parliament without a proper debate is
unacceptable. Any laws adopted by Ukraine must correspond to the letter and to
the spirit of its commitments taken towards the Council of Europe. I therefore
call upon the Ukrainian authorities to reassess the legislation jointly with
the Council of Europe to ensure Ukraine meets its commitments.

Moreover, as I have previously said, declaring NGOs which receive funding from
abroad as 'Foreign Agents' is alarming”, he said.

Commissioner Füle said
in an interview with Ukrainian Interfax news agency the following:

"I'm shocked. It is deeply disappointing to see such a turn from the European path of
Ukraine. It is worrying to see this happening with such an important EU
partner. Decisions adopted by the Verkhovna Rada are a disrespect of basic democratic
principles and they not only raise concerns about the state of democracy and
the future of Ukraine but also will have consequences for the partnership
between the EU and Ukraine.

One of adopted laws is aimed at limiting
partnership with the civil society. We have made it clear to the Ukrainian
authorities that the cooperation which we build is not cooperation between us
and the Ukrainian government but cooperation between the citizens of the EU and
Ukraine.

We built this relationship and initialled the
Association Agreement for the benefit of the Ukrainian people. And we firmly
stand behind this offer. It is sad to see how the authorities turn down a
chance for the Ukrainian people in such a way. I am particularly worried about
the impact on the citizens of Ukraine who risk with this legislation to have
their basic freedoms curtailed."

Elmar Brok (EPP, DE), chair of the Foreign Affairs
Committee, issued the following statement on behalf of the committee on the
legislation passed by the Ukrainian Rada on
16 January 2014:

"I am alarmed by what happened yesterday in
the Ukrainian parliament. Not only were laws adopted in a way which is clearly
in violation of basic democratic rules (no prior notification that they were on
the agenda, unverified voting etc.). Their purpose and effect is in clear
contradiction with international commitments taken by Ukraine as member and
chair of the OSCE, member of the council of Europe and as partner of the EU.
These laws, which restrict fundamental freedoms of Ukrainian citizens and
undermine the independence of Ukrainian lawmakers, are now before President
Yanukovitch. If he signs them, he gives a clear signal to his citizens and to
Ukraine's international partners that he has been misleading them and that he
never really embraced the principles of democracy, rule of law and respect for
fundamental freedoms and human rights. The next few hours will show us what
Yanukovitch's real commitment is."

Statement by EU High
Representative Catherine Ashton on developments in the Ukrainian Parliament

The High Representative of the European Union for
Foreign Affairs and Security Policy and Vice President of the Commission,
issued the following statement today:

"I am deeply concerned by the events in Kyiv.
Several pieces of legislation restricting the Ukrainian citizens' fundamental
rights have been hurriedly passed in an apparent disrespect of parliamentary
procedures and democratic principles.

I am particularly concerned by the changes to the
judicial code which impose worrying restrictions on the rights of assembly and
on the freedom of speech and media, and are contrary to Ukraine's international
obligations. The changes that seem to seriously curtail the activities of civil
society organisations in Ukraine and simplify procedures for revocation of
mandates of Members of Parliament are equally worrying.

These regrettable developments come at a time of
political crisis and do not contribute to building confidence and finding a
political solution which can only happen through an inclusive dialogue with all
stakeholders.

I call on the President of Ukraine to ensure that
these decisions are revised and brought in line with Ukraine's international
commitments."

I am concerned about
the way some laws were voted in parliament today. Norms should be adopted
through proper procedures. Otherwise the credibility of democratic institutions
and of the legal system is at stake.

I legenkyi Pavel Ivanovich,
Makeyevka, phone +380955517122 human rights activist Ukraine me in jail
on false charges.
I appeal to you, the leaders of Europe, Prime Ministers, presidents,
and intellectuals. We, the people of Ukraine in fighting anti-national
power. You must understand that we hardworking nation, we are Europeans.
Ukrainians are rethinking the economy of many European States. You can
place a Europe for their companies in Ukraine, and our hard-working
people by their work to earn the big capitals and will raise the economic
power of Europe. Push us by the police, we don't give up, we are thrown
to prison, like me, but we are fighting. Help the people of Ukraine
do not remain in the side, come to Ukraine, please, we are waiting with
the hope of help from you. Ukrainians from around the world together
for the sake of Ukraine's accession to the EU. I ask my message sent
to all authorities of the European countries. Let God help us! Glory
To Ukraine!

On the International Human Rights Day activists have
come to the office of the ombudsman Valeria Lutkovska to “send”
her …

Activists of the Coalition occupied the office of
the Parliament Commissioner for Human Rights.

By doing so they push the ombudsman to take effective
steps to protect the rights and freedoms of the injured activists of
the Euromaidan and journalists. And also to prevent blood violence against
citizens in the future.

Activists of the CAOR announced
hunger strike in the office of Lutkovska

Activists of the “Coalition of the Activists of
the Orange Revolution” (CAOR) announced hunge strike in the office
of the Ukrainian Parliament Commissioner for Human Rights (ombudsman)
Valeria Lutkovska. This was reported by the press-service of the CAOR.

It is reported that the CAOR activists have occupied
the premises of the Lutkovska’s office. By doing so they push ombudsman
to take effective steps to protect the rights and freedoms of the injured
activists of the Euromaidan and journalists, and also to prevent blood
violence against citizens in the future.

Nina Karpachova: «The authorities and opposition have to urgently start a public dialogue with the representatives of the new civil society»

Appeal

of the First Ombudsman of Ukraine, Member of the Board and Executive Board of the European Ombudsman Institute on the occasion of the International Human Rights Day

10 December 2013

Today, on the International Day of Human Rights, which is a symbol of respect for human dignity, humanity and reconciliation for all mankind, I make this appeal to all my Compatriots: civil society, opposition politicians and authorities, peaceful demonstrators and law-enforcement officials.

In the middle of the acute socio-political crisis that has swept our country, we must find a public consensus as soon as possible. In my opinion, it is still possible to do now, because the Ukrainian society seeks to assert commonly shared values: respect for human rights, justice, security and the truth.

To this end there should prevail not only the letter of the law, but also the spirit of the rights. This lies at the heart of a solid foundation for social consensus and further peaceful development of our state.

The government and society must understand that in order to avoid further escalation that could threaten even the loss of the state sovereignty, we must all return to the starting point. To begin with, there should be stopped senseless arrests of activists from the peaceful demonstrations and intimidation of journalists. All those activists, who were arrested and beaten, have to be released. According to reports about the serious condition of their health, it would be the only humane step for the authorities. The same way as it was done in time of the action "Rise, Ukraine!" against President Leonid Kuchma, when upon my appeal as the Ombudsman of Ukraine the court released arrested participants of the action and there was found a path to reconciliation. Gross perpetrators of human rights of the peaceful demonstrators and professional journalists that took place in these days in Ukraine, have to be inevitably punished in accordance with the national legislation and European standards.

Over the past few weeks, we have witnessed the birth of a new Ukraine – strong, beautiful, and intelligent – as young people and students who peacefully went out to the streets with the sole purpose – to make their voices heard. Now in Ukraine, despite all the difficulties, there is being formed a strong and vibrant civil society that knows its rights and is ready to defend them. This is the key to successful future of our state.

At this critical moment the authorities and the opposition should start a public dialogue with the representatives of this new civil society, youth representatives, to hear each other and work out a fair roadmap out of the crisis. There is no other way – no results can be achieved by force. Government leaders must demonstrate wisdom and political will for reconciliation and reunification of the state.

Such actions of both sides will be the best way to mark the International Human Rights Day today in Ukraine!

First Ombudsman of Ukraine Nina Karpachova: “I strongly condemn the brutal use of force by the special police “Berkut” units against the participants of the peaceful demonstration at the Maidan Square”

I strongly condemn the disproportionate use of the brutal force by the special police “Berkut” units against the participants – most of them are young students – of the peaceful demonstration at the Maidan of Independence Square on 30 November 2013. The Special Forces practically made an assault against these boys and girls after surrounding them without any possibility to escape – they were surrounded by a metal fence on one side and armed “Berkut” on the other side. It was a bloody outrage against peaceful people. I evaluate such actions as cruel, inhumane and degrading treatment, which is a violation of the UN Convention against tortures. It was also shameless to use force and illegal interference against journalists, when they performed their professional duties, which is a violation of Article 171 of the Criminal Code of Ukraine.

I feel deep regrets and shame that the Ukrainian authorities failed this test on democracy, respect for the rule of law and human rights. In fact, the authorities have refused to carry out its constitutional duty to secure the right of the citizens to freedom of peaceful assembly as required by Article 39 of the Constitution of Ukraine, Article 11 of the European Convention on Human Rights (ECHR), Article 21 of the International Covenant on Civil and Political Rights, Article 20 of the Universal Declaration of Human Rights and case-law of the European Court of Human Rights, in particular in cases of Verentsov vs. Ukraine and Shmushkovych vs. Ukraine. The civilized democratic society has to guarantee respect for human rights and human dignity, personal integrity, freedom of speech and expression, rights to peaceful assembly and demonstrations. And the punishment for all those responsible for the brutal human rights violations that have taken place in these days in Ukraine should be inevitable under national law and European standards.

When the government itself has become a major violator of human rights – people have to rise up to protect their rights!

Statement by High Representative Catherine Ashton and Commissioner Štefan Füle on last night's events in Ukraine

The European Union strongly condemns the excessive use of force last night by the police in Kyiv to disperse peaceful protesters, who over the last days in a strong and unprecedented manner have expressed their support for Ukraine's political association and economic integration with the EU. This support had been welcomed yesterday by the participants of the Vilnius Eastern Partnership Summit. The unjustified use of force goes against the principles to which all participants of the Vilnius Summit, including the President of Ukraine, yesterday reaffirmed their adherence.

We call on Ukraine, also in its capacity as Chairmanship in Office of the OSCE, hosting its Ministerial Conference on 5-6 December in Kyiv, to fully abide by its international commitments to respect the freedom of expression and assembly.

We call upon the President and the Ukrainian authorities to carry out investigations into the events last night and to hold responsible those who acted against the basic principles of freedom of assembly and of expression.

I
have been deeply shocked by the news of the sudden death of the world-renowned
journalist Igor Slisarenko.

We have lost a strongly committed fan of life, a man of restless heart, a highly
responsible citizen, a talented journalist and a prominent television
broadcaster. With his words full of wisdom he inspired millions of people to
fight for human rights, human dignity and justice.

All of us who knew Igor admired his sociability, cheerfulness, inexhaustible
optimism, high intelligence, broad mind and sphere of interests: political
communication, public diplomacy, international relations, education ...
Associate Professor, Candidate of Philology, a favourite of students and TV
audience.

Igor was a humanist not only on the national scale, but also worldwide. He
felt deeply concerned not only about the blatant violations of human rights and
freedoms in Ukraine – he also did not remain indifferent to the fate of nations
and countries that suffered from oppression, double standards, and encroachment
on their sovereignty. For this reason the representatives of diplomatic
missions accredited in Ukraine treated him with special reverence.

He would always stand on the side of the truth, no matter what it could cost
him. For the sake of the truth and justice he would come into conflict with the
authorities as well as the owners of the media he worked in.

My close cooperation with Igor started in 2007. It was during a very
difficult time for him, when he was actually dismissed from the "5
Channel" for the honest journalism. I invited him to work in the Office of
the Commissioner for Human Rights as an Advisor to the Ombudsman of Ukraine
since our activities for protection of human rights were fully compatible with
his internal values. His advice and estimates were significant and valuable for
all five years of our work together. He paid special attention to the
protection and fight for the professional rights and freedoms of his fellow
journalists.

During the hard times of the institution of the Commissioner for human
rights, when this Institution for the protection of human rights started to be
ruined, and during the time of the shameful persecution of the Ombudsman staff,
which was accompanied by the spread of false information in the media that
humiliated human dignity, he was the first to rise to defend the truth, honour
and dignity of the Ombudsman staff.

Even in the most difficult moments of his life he was able to maintain peace
of the mind and a peaceful smile on his face. He had a unique talent to inspire
people to find balance, harmony and hope that justice will surely prevail
during their hardships.

At this sad time, I share the pain that gripped the hearts of all those who
knew Igor Slisarenko, who had a chance to communicate and work with him, for
whom he was an example of devotion to professional duty, a role-model of the
honest journalism.

I pray to God to give strength and courage to his parents – Yuri Nikolaevich
and Valentina Mikhailivna, his sister Helen, all his relatives, many of his
friends, his colleagues from the newspaper "2000" – to live through
the deep sorrow and bitterness of this irreparable loss. My heart and soul are
with you at this mournful time for all of us.

Head of the Office of the
Commissioner for Human Rights Raised the Issue of Nagorno Karabachatthe
International Conference of the Human Rights Defendersin Austria Zaur Aliev,
head of the Office of legal analysis, information and international relations
of the Human Rights Commissioner of the Republic of Azerbaijan, took part in a
conference on the “Freedom of the Ombudsmen in Europe”devoted to the 15th anniversary of
the European Human Rights Defender Institutions. Ombudspersons of
European states, delegations of the Human Rights Defender Institutions, of the
Commissioner for Human Rights of the Council of Europe and of the EU Ombudsman,
as well as representatives of local and internationaluniversities, media and international experts
were present at the conference.Making a speech
within the scope of the conference, Z. Aliev presented an extensive report on
the activities of the Ombudsman Institute in Azerbaijan. Within the
framework of the conference, the elections of the President of the European
Ombudsman Institute, its Board and members of the Executive Committee were
held. The head of the Office of the Commissioner, Z. Aliev was elected as a
member of Electoral Commission.After the
speech of Yuri Hayrapetyan, presenting himself as the so-called Ombudsman of
the “Nagorno Karabach Republic”, Z. Aliev asked for a right to speak without
taking into consideration that the administration of the conference were
insisting that each participant had a right to speak once only; and making a speech
expressed a strict disagreement on the participation and speech of the
Ombudsman of a fake state in such a conference.He mentioned
that it was fundamentally inconsistent with the international law that Y.
Hayrapetyan presented himself as the Ombudsman of Nagorno Karabach Independent
State, since such a state did not exist, and those territories were completely
the integral part and historical lands of Azerbaijan.Z. Aliev said that Nagorno Karabach
was the integral part of Azerbaijan, but was occupied by Armenia.It was also mentioned that the fact of
occupation was confirmed by the UN, the Council of Europe, and a number of
other influential international organizations and in this regard, there were
respective resolutions adopted by the UN Security Council and General Assembly
as well as recommendations and resolutions by the Council of Europe
Parliamentary Assembly.It was
announced that no state or no international organization recognized a state
called Nagorno Karabach and even Armenia itself did not recognize it as an
independent state. Taking into account the above-mentioned, the attention of
the participants of the conference was invited to the fact that the
participation and speech of that individual in such an outstanding event, as
well as the membership in the European Ombudsman Institute was unreasonable and
was contrary to international law.Besides, it was
announced that the EOI, being an international non-governmental institution, was
disrespectful towards the norms of international law by allowing the
participation and the speech of an individual invited with individual
membership.After the
speech of Z. Aliev, Y. Hayrapetyan was removed from the conference.

Correction:

The EOI informs to this website-article, that it is not correct, that Mr. Yuri Hayrapetyan was removed from the conference. Mr. Yuri Hayrapetyan has not been removed from the conference.Correct is that the Secretary General in the official meeting of the Genaral Assembly has not allowed political statements. Mr. Yuri Hayrapetyan, Human Right Defender of Nagorno Karabakh is an official "INDIVIDUAL" member of the EOI - European Ombudsman Institute since many years.

During my fourteen years of work as the Ukrainian Parliament Commissioner for Human Rights, I had to deal with cases of injustice, illegal deprivation of liberty, the abuse of the right to arrest, torture, miscarriage of justice, abuse of power, intolerable conditions in prisons and other numerous shortcomings of the system of justice, police, prison service, and the national human rights protection system as a whole almost on a daily basis. Due to the delay in the effective implementation of the necessary reforms in the system of law-enforcement and judiciary for many years, these painful problems have turned to be wide-scale and systematic. Ukraine has become a country of the poor and deprived people.

In fact, Ukrainians have no possibility to get fair justice in their own country: the judiciary is dependent on the executive power in the center as well as in the regions, the number of decisions that are based on the violation of the rule of law and the presumption of innocence is progressively growing, the level of professionalism of the judges has significantly reduced as well as the public trust in judges in consequence. Even after people secure a court judgment in their favor they have to fight for its implementation for years. Thus, 70% of the judgments of the domestic courts are not implemented. Therefore, there are a growing number of appeals to the European Court of Human Rights. And then Ukraine does not implement 95% of the European Court’s judgments to the full extent!

The loss of independence and impartiality by the courts has been most brutally manifested in selective criminal justice against the opposition leader Yulia Tymoshenko and members of her government. If the arrest and imprisonment of the former Prime Minister of Ukraine was "arbitrary and illegal", as found in the judgment of the European Court of Human Rights, what then can be said about the tens of thousands of imprisoned and convicted ordinary citizens of Ukraine whose rights are constantly violated! As a result of the monitoring carried out between January and May 2011 by the Commissioner for Human Rights in the Kyiv pre-trial detention center where there were nearly 4000 inmates in the presence of 2850 seats, I made a special appeal to the leadership of the State Penitentiary Service of Ukraine on elimination of brutal violations of constitutional rights of women and children to health care, decent treatment and life in the pre-trial detention centers. The situation has also been aggravated due to the fact that tens of thousands of prisoners are denied the right to use the Law of Ukraine on amnesty for the third consecutive year!

Immediately after the arrest of Yulia Tymoshenko, on 8 August 2011 I officially addressed the Pechersk District Court Judge Rodion Kireev with a proposal to revise his own decision about her arrest, which even could not be a subject for appeal, but received a negative response. Procedural violations listed in my letter to the judge Rodion Kireev were later analyzed and reflected in the judgment of the European Court of Human Rights.

The case of Yulia Tymoshenko, which I started to investigate at the position of the Commissioner for Human Rights, has combined probably all possible violations inherent in Ukrainian justice and law enforcement system. These are the nonstop daily hearings, deprivation of the opportunity to have effective legal defense, and the illegal use of arrest as a preventive measure, and interrogations in the cell of the Kyiv pre-trial detention center as a manifestation of inhumane treatment, and the "field hearings" on 7-8 December 2011 in the prison cell while she was provided health care, and 24hour video surveillance by the hidden cameras, carried out by male officers, and illegal online publication of the video materials with the purpose to discredit her. And, finally, use of violence and beating Yulia Tymoshenko on 20.04.2012 by the officers of the penitentiary service during her forced removal from Kachanivska prison at night, the effects of which were documented by me personally.

On July 31, 2013 the judgment of the European Court of Human Rights of 30.04.2013 in the case of Yulia Tymoshenko came into force. In its decision the European Court of Human Rights held unanimously that Yulia Tymoshenko's arrest was arbitrary, and the legality of her detention was not properly evaluated by the Ukrainian justice. The Law of Ukraine "On Implementation of Judgments and Application of the Case-Law of the European Court of Human Rights" clearly obliges the state to enforce the judgment of the European Court and restore the violated rights of the individual. In case of the illegal arrest, the restoration of the rights of an illegally arrested person provides for his/her release. Unfortunately, there have been made no any appropriate steps to restore the violated rights of Yulia Tymoshenko and she remains behind bars. Furthermore, the presence of other criminal cases against her cannot be a ground for non-enforcement of the judgment of the European Court, as there are principles of the rule of law and the presumption of innocence in Ukraine.

I am strongly convinced that the unconditional execution of the European Court of Human Rights’ judgment and the release of Yulia Tymoshenko shall demonstrate clear position of the leadership of our state with regard to the irreversible movement of Ukraine towards international standards of human rights and freedoms. The illegal detention of the former Prime Minister of Ukraine casts a shadow on the long-awaited ongoing reforms and remains one of the key problems in relations with the European Union, and an insurmountable barrier for the European integration of Ukraine. The release of Yulia Tymoshenko will demonstrate to the country and the world the end of selective justice and strengthening of the rule of law in the law-enforcement practice of Ukraine.

You were the initiator of the adoption of the new Criminal Procedure Code of Ukraine, which regulates the court proceedings in a more democratic and humane way. This very fact gives basis for release of Yulia Tymoshenko and restoration of her constitutional right to liberty and fair trial in accordance with the provisions of the effective Criminal Procedure Code and the Convention on the Protection of Fundamental Human Rights and Freedoms.

On the eve of the Vilnius summit, where Ukraine has a chance to sign the Association Agreement with the European Union, I believe that the Ukrainian government can solve this problem and prove to the international partners that it fully complies with the undertaken obligations.

I am sure that you as the President of the Ukrainian State have all the necessary powers to address this vital issue for our country. Therefore, I appeal to you, dear Viktor Fedorovich, as the Guarantor of human rights and freedoms in Ukraine, and, eventually, as a wise man with the following request: under the Constitution of Ukraine, the Criminal Procedure Code of Ukraine and the Convention for the Protection of Fundamental Human Rights and Freedoms, and the United Nations International Covenant on Civil and Political Rights to show good political will and take all possible measures, including clemency, for immediate execution of the judgment of the European Court of Human Rights and restoration of the violated rights of Yulia Tymoshenko, her release from serving the sentence and giving her possibilities to receive necessary treatment abroad.

With best regards,

First Ombudsman of Ukraine, Board member of the European Ombudsman InstituteNina Karpachova

Even new criminal cases brought against the opposition leader cannot be an obstacle for clemency as there is a presumption of innocence in Ukraine.

The President Yanukovich has all necessary grounds for pardoning Yulia Tymoshenko.

Such opinion was expressed by the former Parliament Commissioner for Human Rights Nina Karpachova.

Even new criminal cases brought against the opposition leader cannot be an obstacle for clemency as there is a presumption of innocence in Ukraine. If Tymoshenko will not be released soon, there is a risk for Ukraine to be excluded from the Council of Europe.

"Mrs. Tymoshenko is a top of the iceberg. There are thousands of prisoners in Ukraine who faced the same arbitrary persecutions from the law-enforcement and the judiciary. And it means that Ukraine, Ukrainian judiciary have to review these cases” – said the First Ombudsman of Ukraine.

The destiny of “thousands of prisoners who suffered the same persecutions” depends on the response of the authorities to the judgment of the European Court of Human Rights on Tymoshenko.

President Viktor Yanukovich should better not wait until the final judgement of the European Court of Human Rights on Yulia Tymoshenko and apply amnesty or clemency to her. It was said by the First Ombudsman Nina Karpachova today at the press-conference in Liga Information Agency.

According to Karpachova, judgments of the ECoHR are not recommendations, but have a binding nature; however their enforcement is still a problem for Ukraine: «Almost 70% of the decisions of the national courts are not enforced in Ukraine. And 95% of the ECoHR judgments are not enforced to the full extend – because paying compensation is not about fully enforcing judgments. The numbers are critical! And it is after 20 years of the efforts to reform the judiciary!».

«I believe that Ukraine should not wait. Please refer to this press-conference as my personal appeal to the authorities. Today the authorities have the ball on their side. They can do almost everything … Also in cases of Lutsenko and Tymoshenko», - said Karpachova and added that there are all necessary grounds for applying clemency procedure in case of Tymoshenko.

«Clemency can be applied to any person. It is exclusively the will of the President, who is a guarantor of observance of human rights and freedoms... There are no problems. Moreover, we already have a positive clemency precedent in the case of Lutsenko. In my opinion, there are no obstacles for clemency in her case today. It is one of the possible ways. It can also be an amnesty , which is also a possible option in sight», - noted the First Ombudsman.

«I told to Viktor Yanukovich that powerful have to be merciful when I met with him in April last year. There is no other way… A person who has undergone sufferings has to feel it… I can say that Lutsenko and Tymoshenko are different people today. I met with Lutsenko in the cell, which used to be a cell for convicts on a death row, for seven times. And not only with him, but also with Korneichuk, Volga and others. I want to tell you that people who have been through these challenges, if they have a will, they become even stronger», - she added.

Karpachova stated that the case of Tymoshenko is a precedent for thousands of prisoners, who faced the same persecutions from the law-enforcement and the judiciary. And the response of the Ukrainian system of justice to the judgment of the ECoHR on Tymoshenko will determine the possibility for review of all their convictions and sentences.

According to Karpachova, there are 320 prisoners for 100 thousand citizens in Ukraine.

Ukrainian courts abuse the right to arrest and taking people into custody, and it is not only about Yulia Tymoshenko and Yurii Lutsenko, but thousands of citizens. It was said by the First Ombudsman Nina Karpachova today at the press-conference in Liga Information Agency.

"Courts have been permanently abusing the so called right to arrest. Ukraine has been one of the countries on the European continent, where we have arrests on a mass scale.”, - said Karpachova.

According to her, this situation has started to change slightly after the new Criminal Procedure Code came into force. "With all its shortcomings, which have been reported by human rights activists, it is a step forward anyway. And today we can say that approximately 12-13 thousand of prisoners were released under the provisions of the new Criminal Procedure Code", - she added.

Karpachova stated that the number of complaints of the Ukrainian citizens to the European Court of Human Rights about arrests and custody doubled in 2010. Ukrainian courts, she believes, insufficiently use the European Convention on Human Rights and case-law of the European Court of Human Rights when taking such decisions, whereas they are a part of the Ukrainian legislation. "The European court has made judgments in similar cases about arrests – Shalimov v. Ukraine, Moskalenko v. Ukraine and Buriaga v. Ukraine… But national courts lack motivation for taking accused people under arrest", - noted the First Ombudsman.

Commenting on the judgment of the ECoHR on illegal arrest of Tymoshenko, Karpachova recalled that she personally appealed to the judge of the Pechersk district court of Kyiv Rodion Kireev with suggestion to revise his decision, but he refused. "In his hands Kireev had not only the destiny of Tymoshenko, but also the image of Ukraine in terms of respect for the European convention on human rights and case-law of the European court of human rights. To my big regret, Mr. Kireev didn’t listen to my appeal. I received a negative response, but after some time all those issues that I raised before Kireev in my appeal were studied by the ECoHR and put into the basis of its judgment", - she summed up.

Ex-Ombudsman Karpachova hopes to hear “good news” about Tymoshenko this year

"I would like to say that the judgment has to be executed, when it comes into force, and it must be executed", - said Nina Karpachova at the press-conference on Thursday.

Nina Karpachova noted: “There are all necessary grounds in the first criminal case, on gas affairs, to apply the same procedure, at least one of the variants of the procedure, which was applied with regard to former Interior Minister Yurii Lutsenko”.

"Clemency can be applied to any person. It is exclusively the right of the President", - said Nina Karpachova in response to the question if there is a possibility for Yulia Tymoshenko to be pardoned.

According to her there are “no obstacles” in this issue.

"There has been created a positive precedent by the case of Yurii Lutsenko to be able to refer to the old provision, which used to be in force before and entitled not only the convicted, but also his/her relatives, non-governmental and religious organizationsto appeal to President for clemency ", - noted ex-Parliament Commissioner for Human Rights.

She added that one of the options can be an amnesty applied to Yulia Tymoshenko.

"I hope that we will have good news this year. I very much look forward to hear such news this year", - said Nina Karpachova and noted that in other criminal cases initiated against Yulia Tymoshenko (cases of Kioto Protocol, ambulance cars and the case of Scherban), the ex-Premier has the status of a suspect and defendant and these cases “cannot prevent the release of Yulia Tymoshenko”.

Nina Karpachova believes that the President of Ukraine Viktor Yanukovich has all necessary grounds to pardon the former Prime Minister Yulia Tymoshenko.

According to the reporter of UNIAN, it was said by her during a press-conference in Kyiv.

According to Karpachova, clemency can be applied to any person when there is a sentence in the case. "There are all grounds to apply the same procedure as in the case of Lutsenko in her first criminal case. There are no obstacles for applying this procedure", - said, in particular, Karpachova.

At the same time, in her opinion, a number of other criminal cases against Tymoshenko trialed by courts cannot be an obstacle for her clemency. “There is nothing to prevent her release, if we acknowledge the presumption of innocence ”,- explained Karpachova.

Speaking about execution of the judgment of the European Court of Human Rights in case of Tymoshenko, Karpachova noted that paying compensation “is insufficient for execution of a judgment”. At the same time she urged the authorities to execute the ECoHR judgment without delay.

I very much look forward to good news, - concluded Karpachova.

In this context, ex-Parliamentary Commissioner for Human Rights also said that there is a risk that the Council of Europe may suspend the membership of Ukraine because of the unsatisfactory execution of a number of ECoHR judgments.

_________________________________________________________________

European Ombudsman, P. Nikiforos Diamandouros

Ombudsman dealt with more than 30 000 complaints in the past ten years

The European Ombudsman, P. Nikiforos Diamandouros, dealt with more than 30 000 complaints and opened almost 3 500 investigations into alleged maladministration in the EU administration during his ten years in office. In 2012 alone, he received 2 442 complaints (2510 in 2011) and opened a record number of 465 inquiries (396 in 2011). Most of the 2012 inquiries were about lack of transparency (21.5%), including refusal to release documents or information. Other cases concerned problems with the execution of EU contracts or calls for tender, conflicts of interest, unfairness, delays, and discrimination.

At the presentation of his Annual Report 2012in Brussels, Mr Diamandouros said: "In the past ten years, the EU administration has become a lot more transparent, citizen-friendly, and service-minded. The independent and impartial work of the Ombudsman has hopefully contributed to this notable progress in the administrative culture of the EU civil service. As I never tire of saying, however, there is always room for improvement, especially when it comes to enhancing the capacity of the EU institutions and bodies to be proactive in promoting a culture of service towards citizens."

In 2012, the Ombudsman received the greatest number of complaints from Spain (340), Germany (273), Poland (235), and Belgium (182). After analysis, almost 1 500 complaints were referred to national or regional ombudsmen in the Member States, to the European Parliament's Petitions Committee, the European Commission, and to other problem-solving mechanisms, such as SOLVIT and Your Europe Advice.

Most of the investigations opened by the European Ombudsman were based on complaints from Belgium (103), Italy (42), Spain (39), and Germany (39). They concerned the European Commission (53%), followed by the European Personnel Selection Office (17%), the EU Agencies taken together (13%), and the European Parliament (5%).

In 80 cases (21%), the institutions concerned agreed to a friendly solution proposal or settled the matter. The Ombudsman found maladministration in 56 cases (47 in 2011) and made critical remarks in 47 cases (35 in 2011).

The European Ombudsman investigates complaints about maladministration in the EU institutions and bodies. Any EU citizen, resident, or an enterprise or association in a Member State, can lodge a complaint with the Ombudsman. The Ombudsman offers a fast, flexible, and free means of solving problems with the EU administration. For more information: http://www.ombudsman.europa.eu

Nina Karpachova (Ukraine)

“FREE ACCESS TO THE INTERNET: A HUMAN RIGHT OR A THREAT TO HUMAN RIGHTS”

KEY POINTS

A third of the global population exercises the individual right to “seek, receive and impart information and ideas through any media and regardless of frontiers”enshrined in Article 19 of the Universal Declaration of Human Rights by accessing the World Wide Web – the Internet. The vast potential of the Internet, its freedom and openness, speed and transparency (availability of full, sufficient and reliable information and open access to it) enhance the human rights to be present in the information space. Online (real time) communications bring people closer to each other and enable to break informational frontiers and join efforts to protect their rights and freedoms.

Today one in three Internet users compares the right to free Internet access with the need for fresh air, water and food. Any restriction of the access to the world informational network is taken as painfully as deprivation of the voting right or oppression of the freedom of speech. The United Nations estimated however that two thirds of the global population have no access to the Internet and are isolated from the opportunity to receive information, and thus they cannot “fully participate in public life”.

This was particularly the subject matter of the report by Frank La Rue, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, at the 17th session of the United Nations Human Rights Council on 3 June 2011. The statement stressed the need to recognize free Internet access as a basic human right similar to the right to life, freedom of belief, free travel, etc. The discussion of the report specially focused on the problem of restriction of the freedom of expression in the Internet. On this issue the UN session made a proposal that restriction of the Internet access is acceptable only if it meets international standards, is fixed in laws and is needed to protect interests recognized in the international law. These proposals made in 2011 were in the spotlight of the global politics and found their way into international documents, particularly in the Joint Message by UN Secretary General, UN High Commissioner for Human Rights and UNESCO Director General to all countries and nations. It formulated the strategic objective of the UN: “to ensure that the Internet becomes a truly global public resource, to which all have access and where all voices are heard”.The message underlines “the importance of quality content and action to defend the integrity and safety of online reporters.”

G8 Summit took place on 27 May 2011 and approved a Deauville Declaration “Renewed Commitment for Freedom and Democracy”, which called the Internet a tool to promote human rights and democracy globally. The Declaration identified key principles of existence of the World Wide Web: “freedom and openness of the Internet, transparency, respect for privacy and intellectual property, multi-stakeholder partnership, cyber-security and combat against cyber-crime.”

On 1 June 2011 the United Nations Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe Representative on Freedom of the Media, the Organization of American States Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information signed a Joint Declaration on Freedom of Expression and the Internet. The document says, “ensuring the freedom of expression imposes a positive obligation on the states to facilitate universal access to the Internet and must be a priority for every state. There should be no discrimination in the treatment of Internet data and traffic. Limiting access to the world informational network is a violation of the human rights.”

The number of Internet users in my country is rapidly growing as modern information and communications technologies develop. Gemius researches show that with an annual 15% increase in users, Ukraine outperforms such Central and Eastern European nations as Belarus (9% increase of Internet users), Poland (7%), Latvia and the Czech Republic (6%), Bulgaria, Hungary, Romania and Croatia (5%). Today 33% of adults in Ukraine use the Internet (see chart 4.4.1).

In Finland and Estonia however, 96% of citizens have free Internet access. Compared with these European nations Ukraine belongs to poor performers in terms of “integration of the world computer network to the life of Ukrainians”.The ombudsman believes that the poverty of population in Ukraine is the main reason.

As Internet becomes increasingly popular as the primary source of information, it takes the lead among electronic and print media. Today Internet can be justly called the main source of information for the Ukrainian youth. The research “Transformation of Values Orientation of Ukrainian Youth Over the Years of Independence” carried out by Yaremenko Institute shows that in 2011, for the first time ever, Internet was more popular with young people aged 18-35 than TV and other media. Almost 90% of students and 78% of school pupils in Ukraine said they used the Internet. In addition, children see it as a popular source of games.

However, I am strongly concerned about the challenges of the modern web-space, firstly, to the rights of children, human honor and dignity. A person, especially a child, remains unprotected in the modern global network and can be a victim of criminals, swindlers, preachers of hate, pedophiles, vandals, terrorists, dishonorable journalists, spin doctors that specialize in black PR, influence of advertising on subconsciousness and dissemination of porn videos. Protecting honesty and dignity defamed by indecent online media is not at all easy today and sometimes even impossible because of the lack of clear protection mechanisms.

Another reason for my concern is the fact that the Internet community has a low media culture resembling rather a so-called vulgar fence graffiti culture based on obscene words, illiteracy and disrespect to opponents. Especially this is the case with wrangling in chats and forums between advocates of different political parties or nationalities. Forums can also contain propaganda of interethnic hostility and obscene expressions regarding citizens of other countries. Xenophobia, coarse language and rudeness are going strong on the web.

Banners advertising alcohol and tobacco are regular decorations on Ukrainian websites. Big money is spent to produce them as their publication in the Internet yields big profits.

Not only do specialist commercial websites advertise drugs, psychotropic substances and videos of sexual abuse of children. You can find these products on a regular Referaty (Abstracts), Biblioteka Referativ (Library of Abstracts) and other sources of information most often visited by children. Kyivstar researches show that 17% of Internet users aged under 18 saw invitations to porn websites and 14% of them visited them.

I believe that protecting children in the Internet is an urgent need today that can be addressed only if the government applies a comprehensive approach to manage the Internet. Examples of national policies for creating a safe environment on the web include practices of France, England and Canada that establish legal responsibilities; practices of Italy where the Association of Safe Internet Providers has a wide scope of operations; and practices of Russia, where the Safe Internet program has been in place on the national level with different versions for governmental institutions and home Internet.

I see as fair the position of the United Nations that harmonization of the free access principles and Internet safety standards should be addressed not only by laws of one country but also cemented at an international level. I would like to underline that “Internet governance” by governmental authorities should comply with Internet freedom, openness and transparency principles. The UN Working Group on Internet Governance has defined this objective as follows: “the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programs that shape the evolution and use of the Internet”.

EOI President, Burgi Volgger, and the Regional Ombudsman for Vorarlberg, Gabriele Strele, were present at the traditional meeting of the Petitions Committees of the Federal Republic of Germany on 24 September. To this meeting were also invited Ombudspersons of other German-speaking areas such as Austria and South-Tyrol. The most important theme of this meeting was online petition. „By uncomplicated access to the Petitions Committees via internet closeness to the citizens arises. „By that Citizens´ Commissioners are able to mediate even more directly between the citizens and the state“, Volgger is convinced. Especially persons aged 20 - 29 frequently make use of the possibility of online petition. „As a result a new form of understanding of democracy came into being, as real discussion platforms as to petitions have developed on the internet“, explains Volgger. Such an implementation Volgger would also welcome in South Tyrol.

German lessons for officials

Furthermore, the drafting unit of the Society for the German Language demanded a more simple language concerning the correspondence with the citizens at the German Bundestag. All of the draft laws would require a linguistic reconsideration. The official language in the daily dealing with the citizens should be considerably simplified, too. „The language should be clearly understandable. Spezialised terminology should - if possible - be avoided, and absolutely necessary specialist terms have to be explained “, states Volgger. To implement these aims in a concrete manner, the Society now offers special language courses for officials. „A good initiative, which I would welcome in South Tyrol, too“, says Ombudsman Burgi Volgger.

At the meeting of the European Ombudsman Institute (EOI)at St. Petersburg a discussion about the situation of the Human Rights Commissioners in the Russian Federation took place. While in Russia the situation seems to improve, in Ukraine alarming states of affairs continue to exist, informs the Ombudsman for South Tyrol, Burgi Volgger. Volgger is the President of the European Ombudsman-Institute and was guest at St. Petersburg last week.

At the EOI board meeting at St. Petersburg the present European Ombudspersons (members of the EOI board) were dealing mainly with the situation in the Russian Federation. „To establish Ombuds-Institutions in all parts of the Russian Federation has meanwhile successfully been achieved“, states Volgger satisfied. „But partly only one Ombudsperson is responsible for a huge area, therefore these Ombudspersons are overwhelmed with work“. Volgger, therefore, pleads for the local implementation of Ombuds-Institutions, als already has occured in big cities. „St. Petersburg has now a newOmbudsman with Alexander Shishlov. This is a good start“, resumes Volgger.

Situation in Ukraine tense

The situation in Ukraine, on the other hand, is worrying. The former Citizens Commissioner for Ukraine, Nina Karpachova, informed about pressures in her country. „Karpachova reported on the ill-treatment of Yulia Tymoshenko at a press conference last year. With regard to the future of the nation Karpachova paints a gloomy picture, as the coming elections won´t change anything of the present situation“, informs Volgger.

The European Ombudsman, P. Nikiforos Diamandouros, has called on the European Commission to correct deficiencies in its investigation of complaints against Austria concerning Vienna airport. This follows complaints from 27 Austrian citizens' organisations concerning the absence of an environmental impact assessment (EIA) for several airport extensions. During his own investigation, the Ombudsman repeatedly pointed to problems with the EIA, which was eventually carried out retrospectively, including a potential conflict of interest involving the Austrian authorities. Since the Commission failed to act on the Ombudsman's findings, he decided to submit a Special Report to the European Parliament.

In recent years, Vienna airport has been extended through the construction of several building projects. Twenty seven Austrian citizens' organisations lodged an infringement complaint with the Commission, arguing that the Austrian authorities had not carried out an environmental impact assessment (EIA) as required by EU environmental law. Since most of the projects had already been completed, the Commission asked the Austrian authorities to carry out an EIA retrospectively, with a view to potential compensatory measures. During his investigation of the case, the Ombudsman repeatedly identified problems with the retrospective EIA. Firstly, he pointed out that the Ministry entrusted with carrying it out had itself issued some of the permits for the project. The Ombudsman shared the complainants' view that this situation might involve a conflict of interest. Secondly, the Ombudsman found that the citizens' organisations were justified in criticising the Commission for failing to deal properly with their claim for access to a review procedure. The Ombudsman concluded that the Commission failed to take appropriate action, when faced with a clear infringement of EU law. He therefore sent a Special Report to the European Parliament, asking for its support in persuading the Commission to correct its approach in this case. The Special Report is available at: http://www.ombudsman.europa.eu/cases/specialreport.faces/en/11558/html.bookmarkThe European Ombudsman investigates complaints about maladministration in the EU institutions and bodies. Any EU citizen, resident, or an enterprise or association in a Member State, can lodge a complaint with the Ombudsman. The Ombudsman offers a fast, flexible, and free means of solving problems with the EU administration. For more information: http://www.ombudsman.europa.eu _Difesa Civica | 10.05.2012 | 11:22

important important important importantDear members of the EOI, Dear Colleagues, I am very sorry that I could not attend the conference. As a result of DDoS-attack "European Ombudsman" e-newspaper suspended its activity. Our e-newspaper is registered in Russia and operates under the laws of Russia. We do not know who does not like our activity and who is the Dear members of the EOI, Dear Colleagues, I am very sorry that I could not attend the conference. As a result of DDoS-attack "European Ombudsman" e-newspaper suspended its activity. Our e-newspaper is registered in Russia and operates under the laws of Russia. We do not know who does not like our activity and who is the organizer of the attack on the "European Ombudsman" e-newspaper. Our e-newspaper has been functioning for two years and was designed to integrate ombudsmen from Russia and post-Soviet republics into the European ombudsmen community. Currently we are doing everything to save the e-newspaper. We want to contribute to the development of an ombudsman institute in Russia and other former Soviet countries, and help ombudsmen in these countries work more effectively. It is well known that freedom of speech in post-totalitarian countries is still in danger and needs protection. But we are a non-commercial organization and we do not have the necessary funds to install costly barriers and protection from criminals that are threatening our freedom. We appeal to grantors from different countries and businesses communities with a request to respond to our distress and help us to resume the work of "European Ombudsman" e-newspaper and promote freedom of speech and the ombudsman institute on post-Soviet space in order to protect human rights and freedoms. We thank everyone who gave us informational support (links lead to press-releases): Human Rights Centre "Memorial", Moscow Helsinki Group, Union of Journalists of Russia, Saratov region Ombudsman Nina Lukashova, Perm Territory Ombudsman Tatyana Margolina, Ombudsman of Kaliningrad regionVladimir Nikitin, Ombudsman of Sverdlovsk region Tatiana Merzlyakova, the first Ombudsman of the Saratov region Alexander Lando, Human Rights Defender of Armenia Karen Andreasyan, Ombudsman of the Republic of Ingushetia Jambulat Ozdoyev, Glasnost Defense Foundation, the Institute of Press Development of Siberia, Ombudsman of the Republic of Sakha Fedora Zakharova and others. Prof.Seiran Davtyan, chief editor, member of EOI tel. +7 917 219 04 80 (cell) of the attack on the "European Ombudsman" e-newspaper. Our e-newspaper has been functioning for two years and was designed to integrate ombudsmen from Russia and post-Soviet republics into the European ombudsmen community. Currently we are doing everything to save the e-newspaper. We want to contribute to the development of an ombudsman institute in Russia and other former Soviet countries, and help ombudsmen in these countries work more effectively. It is well known that freedom of speech in post-totalitarian countries is still in danger and needs protection. But we are a non-commercial organization and we do not have the necessary funds to install costly barriers and protection from criminals that are threatening our freedom. We appeal to grantors from different countries and businesses communities with a request to respond to our distress and help us to resume the work of "European Ombudsman" e-newspaper and promote freedom of speech and the ombudsman institute on post-Soviet space in order to protect human rights and freedoms. We thank everyone who gave us informational support (links lead to press-releases): Human Rights Centre "Memorial", Moscow Helsinki Group, Union of Journalists of Russia, Saratov region Ombudsman Nina Lukashova,Perm Territory Ombudsman Tatyana Margolina, Ombudsman of Kaliningrad regionVladimir Nikitin, Ombudsman of Sverdlovsk region Tatiana Merzlyakova, the first Ombudsman of the Saratov region Alexander Lando, Human Rights Defender of Armenia Karen Andreasyan, Ombudsman of the Republic of Ingushetia Jambulat Ozdoyev, the Institute of Press Development of Siberia, Ombudsman of the Republic of Sakha Fedora Zakharova and others. Prof.Seiran Davtyan, chief editor, member of EOI